MATI LAL PAL Vs. PREO NATH MITRA

JUDGEMENT

(1.) This is a Letters Patent appeal against the decision of Mr. Justice Woodroffe.

(2.) The suit out of, which the appeal arises is one for the possession of certain land with wasilat. The facts as found by the lower Court are as follows :--"The defendants Nos. 3 and 4 contracted to sell their aforesaid share along with other properties to the plaintiff for the sum of Rs. 8,501. They failed to execute a conveyance in favour of the plaintiff and he brought his suit (No. 2 of 1902) for a specific performance of contract. The suit was decreed upon a compromise which the parties entered into and the decree that was passed gave, in terms of the petition of compromise, three months time to the defendants Nos. 3 and 4 to execute the conveyance. They failed to execute it, and the plaintiff executed his decree on 5 May 1903. On 14 Aghran 1310, (30 November 1903). the defendant No. 4 only executed out of Court a conveyance in plaintiff's favour for his one-third share. The defendant No. 3 took objections to the execution and an appeal in reference to his objections is pending in the Hon ble High Court.

(3.) The defendant No. 2, who is a co-sharer of the defendants Nos. 3, 4 and 5, was obliged to pay Rs. 317 for Road-cess arrears in respect of lot No. 14 and sued the defendants Nos. 3, 4 and 5 for contribution. His suit was No. 49 of 1P02. It was decreed ex parte, on the 2nd July 1902. It was executed and at auction, the defendant No. 2 purchased the right, title and interest of the defendants Nos. 3, 4 and 5 on the 16 September 1903 and is in possession of the property which the plaintiff seeks to recover possession of."